공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 269,99,453 to the Plaintiff (Counterclaim Defendant) and its related amount from June 1, 2013 to March 11, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 19, 2012, the Plaintiff entered into a contract for construction works with the Defendant, setting the construction period from September 20, 2012 to November 15, 2012, with the construction period of the new construction of solar power plants B on the ground C (hereinafter “instant power plant”).
B. When the commencement time of the instant power plant was delayed, the Plaintiff entered into a modified contract with the Defendant on April 23, 2013 (hereinafter collectively referred to as the “instant construction contract”).
3. Period from April 23, 2013 to June 10, 2013;
4. 4 billion won; and
5. The method of payment (cash payment) (1) The amount of progress payment (636,363,636 won) < Amended by Act No. 1183, May 3, 2013>
(4) KRW 278,636,364 shall be transferred to the plaintiff except for the amount calculated by deducting the minimum cost from the Dlar power plant and Csolar power plant generation profits.
7. The ratio of warranty bond: 3% of the contract amount (excluding solar light racks);
8. Warranty period: 36 months from the completion date.
C. On May 30, 2013, the Plaintiff completed construction and received a pre-use inspection from the Korea Electrical Safety Corporation, and delivered the instant power plant to the Plaintiff. On June 10, 2013, the Defendant’s representative E prepared a written confirmation with the following content to the Plaintiff.
1) Multi-solars and system-based solar voltages (liability: the business owner - manufacturers and specifications are selected at the business owner’s option, and the overall responsibility for the caps and servers, such as product efficiency, lifespans, response and treatment, etc. in the event of the occurrence of defects, and any responsibility related to the caps and system-linkeds, shall not be charged to the Plaintiff.
- Defect security certificate: The plaintiff, a contractor, has no responsibility for defects, since the matters concerning solar light strings and servers are products designated by the business owner.